In re Henry Kupfer & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Max S. Grifenhagen, sheriff of the county of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of June, 1914, granting a motion to vacate an execution and directing the repayment by the sheriff of poundage and fees collected and retained by him thereunder.
1Opinion of the Court
Scott, J.:
The order appealed from provides that a certain execution and the levy thereunder “be and the same are hereby vacated, set aside and quashed as invalid, illegal'and irregular, and upon the grounds set forth in said notice of motion. ” It was further *571ordered that the sheriff repay to defendant a certain sum paid or poundage and keeper’s fees, and that the plaintiffs reimburse the the sheriff.
The form of the order is quite unusual, and we are referred to no precedent for it, but it is not necessary to dwell upon the form in which relief has been afforded to the plaintiffs. The…
2Cases cited2 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Douglas v. . HaberstroNew York Court of Appeals · 1882
3Cited by3 opinions
- American Metal Climax, Inc. v. Seaboard Die Casting Corp.New York Supreme Court · 1964
- In re the General Assignment for the Benefit of Creditors of FeinsandAppellate Division of the Supreme Court of the State of New York · 1933
- In re Henry Kupfer & Co.Appellate Division of the Supreme Court of the State of New York · 1914